Illinois Train Derailment Accident Attorneys

Every year, thousands of train derailments and accidents occur in the U.S. with many happening in the Chicago metropolitan area. Derailed train accidents often cause serious life-threatening injuries and death to passengers, along with innocent bystanders, pedestrians and motorists.

Many of the injuries occur because of a lack of safety devices including seat belts in the train cars and compartments. Often times, drivers and pedestrians near the train tracks also suffer injuries or death in a derailed train accident. These injuries are usually severe because of the catastrophic impact of a train leaving the rails while traveling at high speeds. Many common injuries include:

Amputation

TBI (traumatic brain injury) and concussion

Broken bones

Crush avulsions

Paralysis due to spinal cord injuries

When a train carrying loads of toxic chemicals derails, many individuals in the community can be exposed to toxic spills. The hazardous chemicals often include phosphoric acid, hydrochloric acid and others. The exposure often causes significant injuries and death.

Explosive chemicals including fuel and methanol often result in catastrophic railroad fires. Many times, the toxic chemical spill produces long-lasting environmental damage to the community. Any toxin-compromised water, land and air in the areas surrounding the spill can create a contaminated environment for decades.

Commuter Train Derailment Causes

There are numerous reasons why trains come off the track. Often times, a thorough investigation is necessary to determine the cause of the train derailment accident. Typically, investigators will prove the accident was caused by negligence involving one or more responsible parties. Common derailment causes often involve equipment failure or human error. Some of those causes include:

Colliding with another train

Tracks that are poorly or improperly maintained

Improper switch alignment

Mechanical failure of a rail car or train engine

Failure to install necessary signaling devices including gates and lights

Hazardous railroad crossings that increase the potential of a collision with trucks and vehicles

Tired and overworked train crews

Conductor negligence or inexperience

Failure to remove any debris or obstruction near or at railroad crossings

Trains moving at excessive speed during poor weather conditions

Any train derailment can be catastrophic. Because of that, railroad companies and maintenance crews are held to a high standard of liability. In fact, both state and federal governments regulate the railroads as a recognized common carrier. It is the common carrier regulations that hold the railroads liable and responsible for even a slight act of negligence.

A Legal Remedy Available To Passengers Injured In Train Derailment Accidents

Many victims of a derailed train accident seek legal remedies to hold the common carrier, maintenance crews and operators liable for their negligence. Often times, the victims will hire a reputable personal injury attorney that specializes in train accidents. Typically, the lawyer will investigate the accident to determine if adequate compensation can be obtained for their client that has suffered injury or death.

Laws governing the railroad require the common carrier take reasonable action as a preventative measure against serious injuries and wrongful death. Because of that, attorneys will usually investigate the accident thoroughly to determine if there was any failure in providing reasonable care. This could include negligence caused by the engineer or conductor, defective train parts, a mechanical failure, or defective railroad track.

Mechanical failures that would hold the engineer and the railroad company liable could include:

Malfunctioning brakes

Malfunctioning gates, sounds and lights

A faulty communication system and/or equipment

Broken or defective handrails on rail cars and locomotives

Defective hand brake

Broken or defective rails leading to a derailment

Crew member negligence could include distractions of the engineer caused by another worker or cell phone. Other negligence actions could include operating the train under the influence of alcohol or drugs, workers improperly switching tracks, or employees pushing trains without following specific safety guidelines and precautions.

Filing a claim for financial recompense in a train accident usually requires the skills of legal counsel. Rosenfeld Injury Lawyers at (888) 424-5757 handle personal injury cases for victims suffering injury or wrongful death in a railroad accident. The law firm works on contingency, meaning no upfront fees are paid out of pocket by the victim or the victim’s family. The attorney’s fees are paid out of the award at trial of a successful lawsuit, or in an out-of-court settlement negotiated between the attorneys and the insurance companies providing insured coverage for the railroad company.

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx, Google User

★★★★★

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User

★★★★★

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User

★★★★★

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User

★★★★★

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User

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We serve the following localities: Cook County including Arlington Heights, Chicago, and Cicero; DuPage County including Wheaton; Kane County including Aurora and Elgin; Lake County including Waukegan; Macon County including Decatur; Peoria County including Peoria; Sangamon County including Springfield; Will County including Bolingbrook, Joliet, and Naperville; and Winnebago County including Loves Park, Machesney Park, Rockford, and Roscoe.